1. The Judicial Branch
Chapter 7

2. The Federal Court System
A. Equal Justice for All
-1940’s case that allowed US to hold Japanese Americans was initially declared Constitutional, but later released and US gvmt. apologized to Japanese Americans – Ex parte Endo case.
-US Supreme Court building has “Equal Justice Under Law”, meaning that our legal system is to treat every person the same.
B. The Federal Court System
-Article III of the Constitution created the federal court system. It also created a national Supreme Court and gave Congress the power to establish lower federal courts.
-3 Levels of the Federal Court System
1) Supreme Court at the top
2) Appeals Courts in the middle
3) District Courts at the bottom

3. C. 8 kinds of cases that Federal Courts have Jurisdiction
C. 8 kinds of cases that Federal Courts have Jurisdiction -Jurisdiction: court’s authority to hear and decide cases
1) Cases involving the Constitution -if law in question applies to US Constitution, case must be heard in federal court. Ex- any freedoms violated 2) Violations of Federal Laws -if someone is accused of any federal crime, it must be heard in federal court. Ex- tax evasion, patent rights 3) Controversies between States -Fed Court handles any disagreements between states. Ex- borders 4) Disputes between Parties from different States -lawsuits between citizens in different states. Ex- business between states

4. 5) Suits involving the Federal Government
-problems between citizens/businesses and Fed gov’t (Ex-businesses not completing work, accident with a federal vehicle [post office truck])
6) Cases involving foreign gov’ts and treaties
-any dispute between foreign gov’t and either US gov’t or citizen
7) Cases based on Admiralty and Maritime Laws
-laws for accidents or crimes that take place on a waterway. Ex-treasure find
8) Cases involving US Diplomat
-covers Diplomats rights and duties as an American citizen while working in a foreign country.

5. How Federal Courts are Organized
A. US District Courts: 94 total around the US
-Federal Courts: where trials are held and lawsuits are began
-Every state has at least 1
-all federal cases are heard here first
-LA actually has 3 (US District Court of the Eastern District of LA, US District Court of the Western District of LA, and US District Court of the Middle District of LA)
-original jurisdiction: authority to hear case for the 1st time

6. B. US Court of Appeals: 12 total US Courts of Appeals
-Review decisions made in lower district courts
-Appellate Jurisdiction: authority of a court to hear a case appealed from a lower court
-Circuit: geographic area covered by appeals court
-13th court created (Court of Appeals for the Federal Circuit) has nationwide jurisdiction to hear special cases such as patent laws
-remand: send case back to lower court to be tried again
-opinion: detailed explanation of the legal thinking behind court’s decision
-precedent: previous ruling in a similar case to help guide judges

7. US Court of Appeals

8. C. Federal Judges
-Chief decision makers of the Judicial Branch -more than 550 judges who preside over the District courts -Supreme Court has 9 Justices -must be appointed by President, with Senate approval. (President normally appoints someone with similar political views) -jobs are for life, unless impeached -no specific requirements needed to become a Federal judge. -most judges are lawyers, or have taught/studied law -some serve as judges in lower courts, or hold other public positions prior to appointment

9. The Supreme Court
A. Supreme Court Justices: 9 total, # is set by Congress, can be amended
main job is to decide whether laws allowed under Constitution
original jurisdiction in 2 instances, all other cases come from appeals court
1) cases involving diplomats from foreign countries
2)disputes between states
can choose which cases to hear, mainly choose cases that deal with legality of the Constitution

10. B. Powers of the Court
judicial review: power of Supreme Court to say whether any federal, state, or local law or gov’t action goes against Constitution
Marbury v. Madison (1803)-established Supreme Court to have judicial review. Allowed court to interpret Constitutional powers to other branches of gov’t
Made Supreme Court more powerful and gave them the final interpretation of the Constitution

11. “Midnight Judges”- Adams tried to fill vacancies at the last minute
Judiciary Act of 1789: Gave the Supreme Court the power of judicial review on a state level
“Midnight Judges”- Adams tried to fill vacancies at the last minute
Pres. Adams Promised William Marbury the position of justice of the peace
Jefferson cancelled the order
Marbury v. Madison: extended judicial review to the federal level
Chief Justice- John Marshall

12. Ruled in favor of Marbury
Marshall’s opinion created 3 principles of judicial review:
Constitution is supreme law of the land
If there’s a conflict btw the Const. and any other law, the Const. prevails
The judicial branch has the duty to uphold the Const.
Can nullify, or cancel unconst. laws

13. Limits on Courts’ Power
Depend on the executive branch, state gov’ts, and local officials to enforce their rulings
Worcester v. Georgia- Marshall ordered GA to stop violating federal land treaties w/ Cherokee nation in 1832
Pres. Jackson and residents did not agree, so it was not enforced

14. Deciding Cases at the Supreme Court
A. How Cases Reach the Court
Both a trial court and an appeals court
-4 out of the 9 Justices must agree to hear case, then put on the Court docket, or calendar
-Yearly over 7,000 applications, but fewer than 200 selected
-Main types of cases the Justices rule on:
1) cases involving important Constitutional issues. Ex- freedom of speech, equal protections, civil liberties
2) cases involving legal, rather than political issues
3) cases involving issues that affect entire country rather than individuals or groups

15. Steps in decision making:
Written arguments: Prepare a brief, or written explanation of one side’s position on the case.
Oral arguments: Each lawyer given 30 min to summarize their case
Conference: Secret meeting to make first decisions about the cases. At least 6 must be present; a majority is at least 5 votes when all 9 are present

16. Opinion writing: 1 justice is chosen to write a majority opinion, which presents the views of the majority of the justices on the case
Dissenting opinion- when 1 or more of the justices disagree with the majority opinion
Concurring opinion- when 1 or more justices votes with the majority but for different reasons
Announcement: Court officially announces its opinion

17. B. Reasons for Courts Decisions
1) The Law- stare decisis- Latin for “let the decision stand”
By following precedent, it makes the law predictable
Also needs to be flexible to adapt to changing times
2) Social Conditions-
Plessy v. Ferguson, set up “separate but equal”
Brown v. Topeka, overturned precedent of “separate but equal”
3) Legal Views- Views vary on what their role should be
Very active and hear various kinds of cases
Hesitant to use judicial review to promote new ideas
4) Personal Beliefs- exercise personal beliefs, within boundaries of law
“We may try to see things as objectively as we please. Nonetheless, we can never see them with any eyes except our own.” –Justice Benjamin Cardozo

18. Landmark Decisions of the Supreme Court
First Amendment Rights
Engel v. Vitale (1962)-stated that starting school day with a prayer was unconstitutional
United States v. Eichman (1990)-said flag burning is a legal form of freedom of speech
Rights of the Accused
Gideon v. Wainwright (1963)-declared person accused of major crime had right to legal counsel during a trial
Miranda v. Arizona (1966)-states that arrested suspects can’t be questioned until they are informed of their rights

19. Landmark Decisions of the Supreme Court
Federal Power
1) McCulloch v. Maryland (1819)-ruled that in a conflict between national and state power, national gov’t is supreme
2) Gibbons v. Ogden (1824)-Congress has sole authority to regulate interstate commerce
Civil Liberties
1) Brown v. Board of Education (1954)-overturned Plessy v. Ferguson (1896) (separate but equal)-began school integration
2) Reed v. Reed (1971)-state laws discriminating women is illegal
3) Roe v. Wade (1973)-legalized woman’s right to abortion under certain circumstances
4) Bush v. Gore (2000)-ruled that Florida recount of presidential votes violated 14th Amendment; recount stopped, stated recounting ballots was unconstitutional, Bush became president